Despite BritneySpears’ shocking DUI arrest, the incident alone is unlikely to land her back under a conservatorship, a legal expert told the California Post.
Los Angeles probate attorney with the Keystone Law Group, Roee Kaufman, said Spears’ arrest — while troubling — would not automatically tigger a return to the court-ordered arrangement that controlled her life and finances for more than a decade.
“A DUI is a criminal matter,” Kaufman said. “It’s totally separate from the prior conservatorship, which is a civil matter governed under the probate code and the probate court. There’s no automatic connection between the two.”
If someone wanted Spears placed back under a conservatorship, they would have to start from scratch in court, filing a brand-new petition and proving she is unable to manage her personal or financial affairs.
“A single incident like a DUI typically isn’t enough,” Kaufman said, noting that probate code specifically cautions against relying on isolated events to justify stripping someone of their independence.
Courts typically require medical evidence and expert testimony showing that a person cannot make decisions about their health, safety or finances before imposing a conservatorship.
Still, the arrest could theoretically becomeone piece of a broader argumentif someone attempted to seek control over the pop star again.
While it could be used asevidence of poor decision making, “people get DUIs all the time, sadly, and we don’t conserve everyone who gets a DUI,” Kaufman said.
The attorney added that conservatorships are considered a “last resort,” and courts must first explore less restrictive options — such as trusts, powers of attorney or supported decision-making arrangements —before taking away someone’s autonomy.
And in the wake of Spears’ prior explosive conservatorship battle, the legal bar may now be even higher.
Source: California Post – Breaking California News, Photos & Videos
